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2025 Supreme(Cal) 175

SHAMPA DUTT (PAUL)
Sunquest Information Systems (India) Pvt. Ltd. – Appellant
Versus
Regional Provident Fund Commissioner, West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Soumya Majumder, Dwaipayan Sengupta, Sanjukta Dutta
For the Respondent: Anil Kr. Gupta

Table of Content
1. petitioner's challenge to order (Para 1)
2. details of five employees (Para 2)
3. inspection reports and findings (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present writ application has been preferred praying for direction upon the respondents to recall the order of enquiry dated 30th November, 2021 passed under paragraph 26B of the EPF Scheme of 1952 by the respondent no. 2.

2. The petitioner’s case as made out in the writ application is that:

    (i) The present dispute involves the question of membership of five such employees, namely, Anirban Roy, Puspendu Mukherjee, Sanjeev Kumar, Prasun Das and P. Vitesh Balaji, who were induced in the petitioner/company on and from the respective dates of their appointment. All these five employees had been issued appointment letters delineating their terms and conditions of service, which get revised from time-to-time. Basic Pay, HRA and Special Allowances had been the components of salaries of these five employees on and from the respective dates of their joining in the establishment. All the employees are presently posted in the Kolkata establishment.

    (ii) The monthly salaries of t

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